Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 147 Penal Code 307/114 1860:ss.302/149 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860:ss.302/149, 147, 307/149 - Dispute over land allotted to accused - Villagers objecting to his raising construction thereon - Accused persons equipped with guns and lat his reaching land in question and raising construction - On resistance by villagers, accused persons started firing indiscriminately - Resulting in death of two and injuries to several others - Conviction by courts below - Justification of - Held: Justified - Number and nature of injuries sustained by prosecution witnesses show that accused persons shared common object to commit offence - Accused persons were aggressors - Overt act started from their side and villagers were not armed at all and had assembled only to resist construction.Prosecution case was that the accused No.1 was in possession of the land allotted to him but his attempt to raise construction thereon was objected to by the villagers. On complaint, he gave an undertaking before the police authorities that he would not carry out any construction thereon. On the fateful day, accused No.1 and 2 armed with guns and accused No.3, 4 and 5 armed with lathis came to the land in question along with hired labourers and started construction. Large number of villagers assembled at that place and requested accused not to raise construction until the dispute is resolved by the competent court. Accused No.1 and others started abusing them. Accused Nos.3 to 5 allegedly exhorted accused Nos.1 and 2 to shoot 'M' and others whereupon accused No.1 ran towards the roof of the nearby Kothri owned by' M' and from the roof thereof, he started firing. Accused No.2 also fired from his gun. Deceased 1 standing at the Galiyara received a gun shot injury. He died at the spot. 'M' and others also received firearm injuries. Deceased 2 who had also sustained gun shot injuries breathed his last in the hospital.The accused had defended their case on the ground that while the said accused no.1 with the help of others including hired labourers started constructions, the deceased 1 and 2 along with large number of persons being armed with guns and lathis reached there and caused obstructions. Upon protest having been lodged, all of them advanced towards him with a view to kill him. He then ran to the roof of his father's Baithaka but deceased 1 and his companions surrounded his house. An attempt was also made to molest 'SD', sister of accused no.1. Only at that time, with a view to save the modesty and honour of his sister as also to save the life of other members of the family, they caused injuries to various persons.The Trial Court convicted accused Nos.1 and 2 under ss.148, 302/149 and 307 IPC and accused Nos.3 to 5 under ss.147, 302/149 and 307/149 IPC. High Court upheld the conviction. Accused Nos.1 and 3 died during pendency of appeal before the High Court. Accused Nos.2, 4 and 5 filed the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1030 |
Petitioner | Kishan Chand And Ors. |
Respondent | State Of U.p. |
SCR | [2007] 10 S.C.R. 1022 |
Judgement Date | 2007-10-10 |
Case Number | 1411 |
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